Final Safety Culture Policy Statement, 34773-34778 [2011-14656]
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Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Notices
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household income for New York was
$55,401, while 10.5 percent of families
and 13.8 percent of the state population
were determined to be living below the
Federal poverty threshold. Schenectady
County had the same median household
income average ($55,421) and a lower
percent of families (6.7 percent) and a
similar percentage of individuals (10.8
percent) living below the poverty level,
respectively.
Impact Analysis—Potential impacts to
minority and low-income populations
would mostly consist of radiological
effects, however radiation doses from
continued operations associated with
the license renewal are expected to
continue at current levels, and would be
well below regulatory limits. Minority
and low-income populations are subsets
of the general public residing around
the RCF, and all are exposed to the same
health and environmental effects
generated from activities at the RCF.
Based on this information and the
analysis of human health and
environmental impacts presented in this
environmental assessment, the license
renewal would not have
disproportionately high and adverse
human health and environmental effects
on minority and low-income
populations residing in the vicinity of
the RCF.
Environmental Impacts of the
Alternatives to the Proposed Action
As an alternative to license renewal,
the NRC staff considered denial of the
proposed action. If the Commission
denied the application for license
renewal, facility operations would end
and decommissioning would be
required. The NRC staff notes that, even
with a renewed license, the RCF will
eventually be decommissioned, at
which time the environmental effects of
decommissioning will occur.
Decommissioning would be conducted
in accordance with an NRC-approved
decommissioning plan, which would
require a separate environmental review
under 10 CFR 51.21. Cessation of reactor
operations would reduce or eliminate
radioactive effluents and emissions.
However, as previously discussed in
this environmental assessment,
radioactive effluents and emissions from
reactor operations constitute a small
fraction of the applicable regulatory
limits, and are often below detectable
levels. Therefore, the environmental
impacts of license renewal and the
denial of the request for license renewal
would be similar. In addition, denying
the request for license renewal would
eliminate the benefits of teaching,
research, and services provided by the
RCF.
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Alternative Use of Resources
The proposed action does not involve
the use of any different resources or
significant quantities of resources
beyond those previously considered in
the issuance of Amendment No. 5 to
Facility Operating License No. CX–22,
dated December, 1983, which renewed
the license for a period of twenty years,
or the issuance of Amendment No. 7
dated July 7, 1987, which ordered RPI
to convert the reactor to use lowenriched uranium fuel.
Agencies and Persons Consulted
In accordance with the agency’s stated
policy, on September 4, 2008, the NRC
staff consulted with the State Liaison
Officer regarding the environmental
impact of the proposed action. The State
official had no comments regarding the
proposed action. The NRC staff also
consulted with the SHPO regarding the
potential impact of the proposed action
on historic resources. As previously
mentioned, the SHPO determined that
license renewal would have no adverse
effect on historic properties in the
vicinity of the RCF.
Finding of No Significant Impact
On the basis of the environmental
assessment, the NRC concludes that the
proposed action will not have a
significant effect on the quality of the
human environment. Accordingly, the
NRC has determined not to prepare an
environmental impact statement for the
proposed action.
For further details with respect to the
proposed action, see the licensee’s letter
dated November 19, 2002
(ML023380455 and ML072210835), as
supplemented on July 21
(ML082060048), July 28
(ML082190523), and September 3, 2008
(ML101260200); June 28
(ML101820298), August 31
(ML102790045 and ML102720039),
October 14 (ML103070074), and October
28, 2010 (ML103080207); and February
14 (ML110490531) and May 9, 2011
(ML11131A180). Documents may be
examined, and/or copied for a fee, at the
NRC’s Public Document Room (PDR),
located at One White Flint North, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records
will be accessible electronically from
the Agencywide Documents Access and
Management System (ADAMS) Public
Electronic Reading Room on the NRC
Web site https://www.nrc.gov/readingrm/adams.html. Persons who do not
have access to ADAMS or who
encounter problems in accessing the
documents located in ADAMS should
contact the NRC PDR Reference staff at
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34773
1–800–397–4209, or 301–415–4737, or
send an e-mail to pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 3rd day
of June, 2011.
For the Nuclear Regulatory Commission.
Jessie Quichocho,
Chief, Research and Test Reactors Licensing
Branch, Division of Policy and Rulemaking,
Office of Nuclear Reactor Regulation.
[FR Doc. 2011–14665 Filed 6–13–11; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2010–0282]
Final Safety Culture Policy Statement
Nuclear Regulatory
Commission.
ACTION: Issuance of final safety culture
policy statement.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
is issuing this Statement of Policy to set
forth its expectation that individuals
and organizations performing or
overseeing regulated activities establish
and maintain a positive safety culture
commensurate with the safety and
security significance of their activities
and the nature and complexity of their
organizations and functions. The
Commission defines Nuclear Safety
Culture as the core values and behaviors
resulting from a collective commitment
by leaders and individuals to emphasize
safety over competing goals to ensure
protection of people and the
environment. This policy statement
applies to all licensees, certificate
holders, permit holders, authorization
holders, holders of quality assurance
program approvals, vendors and
suppliers of safety-related components,
and applicants for a license, certificate,
permit, authorization, or quality
assurance program approval, subject to
NRC authority.
DATES: This policy statement becomes
effective upon publication in the
Federal Register.
ADDRESSES: You can access publicly
available documents related to this
document using the following methods:
• NRC’s Public Document Room
(PDR): The public may examine and
have copied, for a fee, publicly available
documents at the NRC’s PDR, Room O1–
F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland
20852.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): Publicly available documents
created or received at the NRC are
SUMMARY:
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Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Notices
available online in the NRC Library at
https://www.nrc.gov/reading-rm/
adams.html. From this page, the public
can gain entry into ADAMS, which
provides text and image files of the
NRC’s public documents. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC’s
PDR reference staff at 1–800–397–4209,
301–415–4737, or by e-mail to
pdr.resource@nrc.gov.
• Federal rulemaking Web site: Public
comments and supporting materials
related to this document can be found
at https://www.regulations.gov by
searching on Docket ID NRC–2010–
0282. Address questions about NRC
dockets to Carol Gallagher, telephone:
301–492–3668; e-mail:
Carol.Gallagher@nrc.gov.
Roy
P. Zimmerman, Director, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–415–2741; e-mail:
Roy.Zimmerman@nrc.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
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A. Previous Policy Statements and
Events Involving Safety Culture
The NRC has long recognized the
importance of a safety-first focus in
nuclear work environments for public
health and safety. The Commission’s
emphasis on a safety-first focus is
reflected in two previously published
NRC policy statements. The 1989,
‘‘Policy Statement on the Conduct of
Nuclear Power Plant Operations’’ (54 FR
3424; January 24, 1989), applies to all
individuals engaged in activities that
affect the safety of nuclear power plants,
and provides the Commission’s
expectations of utility management and
licensed operators with respect to the
conduct of operations. The 1996,
‘‘Freedom of Employees in the Nuclear
Industry to Raise Safety Concerns
Without Fear of Retaliation’’ (61 FR
24336; May 14, 1996), applies to the
regulated activities of all NRC licensees
and their contractors and
subcontractors, and provides the
Commission’s expectations that
licensees and other employers subject to
NRC authority establish and maintain
safety-conscious work environments in
which employees feel free to raise safety
concerns, both to their management and
to the NRC, without fear of retaliation.
This Safety Culture Statement of Policy,
in conjunction with the previous policy
statements, is intended to emphasize the
importance the NRC places on the
development and maintenance of a
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positive safety culture for all regulated
activities.
The accident at the Chernobyl nuclear
power plant in 1986, brought attention
to the importance of safety culture and
the impact that weaknesses in safety
culture can have on safety performance.
Since then, the importance of a positive
safety culture has been demonstrated by
a number of significant, high-visibility
events worldwide. In the United States,
incidents involving the civilian uses of
radioactive materials have not been
confined to a particular type of licensee
or certificate holder, as they have
occurred at nuclear power plants and
fuel cycle facilities and during medical
and industrial activities involving
regulated materials. Assessments of
these incidents revealed that
weaknesses in the regulated entities’
safety cultures were an underlying
cause of the incidents or increased the
severity of the incidents. The causes of
these incidents included, for example,
inadequate management oversight of
process changes, perceived production
pressures, lack of a questioning attitude,
and poor communications. One such
incident indicated the need for
additional NRC efforts to evaluate
whether the agency should increase its
attention to reactor licensees’ safety
cultures. This resulted in important
changes to the NRC’s Reactor Oversight
Process (ROP). Commission paper
SECY–06–0122, dated May 24, 2006,
(ADAMS Accession No. ML061320282)
describes the NRC’s safety culture
activities at that time and the outcomes
of those activities.
Following the terrorist attacks of
September 11, 2001, the Commission
issued orders enhancing security at
facilities whose operations, if attacked,
could have an impact on public health
and safety. During the early years of
implementation of these security
enhancements, several violations of the
Commission’s security requirements
were identified in which the licensee’s
failure to cultivate a positive safety
culture impacted the effectiveness of the
licensee’s security program. The most
visible of these involved security
officers sleeping in a ‘‘ready room’’
while on shift at a nuclear power plant.
Most of the weaknesses involved
inadequate management oversight of
security, lack of a questioning attitude
within the security organization,
complacency, barriers to raising
concerns about security issues, and
inadequate training of security
personnel.
B. Commission Direction
In February 2008, the Commission
issued Staff Requirements
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Memorandum (SRM), SRM–COMGBJ–
08–0001 (ADAMS Accession No.
ML080560476), directing the NRC staff
to expand the Commission’s policy on
safety culture to address the unique
aspects of security and to ensure the
resulting policy is applicable to all
licensees and certificate holders. The
Commission directed the staff to answer
several additional questions, including:
(1) Whether safety culture as applied to
reactors needed to be strengthened; (2)
how to increase attention to safety
culture in the materials area; (3) how
stakeholder involvement can most
effectively be used to address safety
culture for all NRC and Agreement State
licensees and certificate holders,
including any unique aspects of
security; and (4) whether publishing the
NRC’s expectations for safety culture
and for security culture would be best
accomplished in one safety/security
culture statement or in two separate
statements while still considering the
safety and security interfaces.
In response to Commission direction,
the NRC staff reviewed domestic and
international safety-culture-related
documents and considered NRC lessons
learned. Additionally, the staff sought
insights and feedback from external
stakeholders. This was accomplished by
providing information in a variety of
forums, such as stakeholder
organization meetings, newsletters, and
teleconferences, and by publishing
questions developed to address
Commission direction in the February 9,
2009, Federal Register notice (FRN) (74
FR 6433) entitled ‘‘Safety Culture Policy
Statement Development: Public Meeting
and Request for Public Comments’’
(ADAMS Accession No. ML090260709).
In February 2009, the NRC held a
public workshop on the ‘‘Development
of a Policy Statement on Safety Culture
and Security Culture’’ in which a broad
range of stakeholders participated,
including representatives from the
Agreement States (Meeting Summary:
ADAMS Accession No. ML090930572).
The staff developed draft characteristics
(subsequently referred to as ‘‘traits’’) of
a positive safety culture and presented
them at the workshop. Mindful of the
increased attention to the important role
of security, the staff also sought input
from the workshop participants on
whether there should be a single safety
culture policy statement or two policy
statements addressing safety and
security independently while
considering the interface of both. Before
providing its recommendations to the
Commission, the staff developed a draft
definition of safety culture in which it
modified a definition from the
International Atomic Energy Agency’s
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advisory group, the International
Nuclear Safety Group, to make it
applicable to all NRC-regulated
activities and to address security.
Based on its review and stakeholder
feedback, in SECY–09–0075, ‘‘Safety
Culture Policy Statement,’’ dated May
16, 2009 (ADAMS Accession No.
ML091130068), the NRC staff provided
a single draft safety culture policy
statement for Commission approval. The
draft policy statement acknowledged the
importance of safety and security, and
the interface of both, within an
overarching culture of safety.
Additionally, in response to the
Commission’s questions, the staff: (1)
Concluded that the NRC’s oversight of
safety culture as applied to reactors has
been strengthened, is effective, and
continues to be refined in accordance
with the existing ROP self-assessment
process; (2) described actions taken and
planned for increasing attention to
safety culture in the materials area; and
(3) described actions taken and planned
for most effectively obtaining
stakeholder involvement to address
safety culture, including any unique
aspects of security, for all NRC and
Agreement State licensees and
certificate holders.
In SRM–SECY–09–0075 (ADAMS
Accession No. ML092920099), the
Commission directed the staff to: (1)
Publish the draft safety culture policy
statement for no fewer than 90 days; (2)
continue to engage a broad range of
stakeholders, including the Agreement
States and other organizations with an
interest in nuclear safety, to ensure the
final policy statement presented to the
Commission reflects a broad spectrum
of views and provides the necessary
foundation for safety culture applicable
to the entire nuclear industry; (3) make
the necessary adjustments to encompass
security within the statement; (4) seek
opportunities to comport NRC
terminology, where possible, with that
of existing standards and references
maintained by those that the NRC
regulates; and (5) consider incorporating
suppliers and vendors of safety-related
components in the safety culture policy
statement.
C. Development of the Final Policy
Statement
On February 2–4, 2010, the NRC held
a second safety culture workshop to
provide a venue for interested parties to
comment on the draft safety culture
policy statement. The additional goal of
the workshop was for panelists
representing a broad range of
stakeholders to reach alignment, using
common terminology, on a definition of
safety culture and a high-level set of
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traits that describe areas important to a
positive safety culture. The workshop
panelists represented a wide range of
stakeholders regulated by the NRC and/
or the Agreement States, including
medical, industrial, and fuel cycle
materials users, and nuclear power
reactor licensees, as well as the Nuclear
Energy Institute, the Institute of Nuclear
Power Operations (INPO), and members
of the public. The workshop panelists
reached alignment with input from the
other meeting attendees on a definition
of safety culture and a high-level set of
traits describing areas important to a
positive safety culture.
Following the February 2010,
workshop, the NRC staff evaluated the
public comments that were submitted in
response to the November 6, 2009, FRN
(74 FR 57525). Additionally, the staff
participated on panels and made
presentations at various industry forums
in order to provide information to
stakeholders about the development of
the safety culture policy statement and/
or to obtain additional input and to
ascertain whether the definition and
traits developed at the workshop
accurately reflect a broad range of
stakeholders’ views. These outreach
activities included, for example,
participation in a Special Joint Session
on Safety Culture at the Health Physics
Society Annual Meeting, and
presentations on the development of the
safety culture policy statement at the
Annual Fuel Cycle Information
Exchange, the Conference of Radiation
Control Program Directors’ Annual
National Conference on Radiation
Control, the Institute of Nuclear
Materials Management’s Annual
Meeting, the Second NRC Workshop on
Vendor Oversight for New Reactors, and
the Organization of Agreement States
Annual Meeting. In response to
Commission direction in SRM–SECY–
09–00075, the staff focused attention on
attending meetings involving the
Organization of Agreement States and
other materials licensees.
In July 2010, the NRC held a public
teleconference with the panelists who
participated in the February 2010,
workshop to discuss the status of
outreach activities associated with the
development of the policy statement. At
the July 2010, meeting, the panelists
reiterated their support for the
definition and traits developed at the
February 2010, workshop as a result of
their outreach with their industry
colleagues. This position aligns with the
comments the staff received during the
various outreach activities. In
September 2010, the staff held an
additional teleconference to provide
information on the initial results of a
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34775
validation study conducted by INPO,
which was conducted, in part, to see
whether and to what extent the factors
that came out of INPO’s safety culture
survey support the February 2010,
workshop traits. The factors support the
traits developed at the workshop.
Based on its review and stakeholder
feedback, the staff published the revised
draft safety culture policy statement
(ADAMS Accession No. ML102500563)
on September 17, 2010 (75 FR 57081),
for a 30-day public comment period.
Because public comments reflected
some misunderstanding regarding the
Commission’s use of a policy statement
rather than a regulation or rule, the
September 2010, FRN provided
clarification, pointing out that the
Commission may use a policy statement
to address matters relating to activities
that are within NRC jurisdiction and are
of particular interest and importance to
the Commission. Policy statements help
to guide the activities of the NRC staff
and can express the Commission’s
expectations of others; however, they
are not regulations or rules and are not
accorded the status of a regulation or
rule within the meaning of the
Administrative Procedure Act. The
Agreement States, which are responsible
for overseeing their materials licensees,
cannot be required to implement the
elements of a policy statement because
such statements, unlike NRC
regulations, are not a matter of
compatibility. Additionally, policy
statements cannot be considered
binding upon, or enforceable against,
NRC or Agreement State licensees and
certificate holders.
This Statement of Policy has been
developed to engage individuals and
organizations performing regulated
activities involving nuclear materials
and share the Commission’s
expectations regarding the development
and maintenance of a positive safety
culture.
The NRC held a public meeting in
September 2010, in the Las Vegas
Hearing Facility, Las Vegas, Nevada,
which was simultaneously broadcast in
the Commission Hearing Room,
Rockville, Maryland, and over the
internet via Web streaming in order to
allow remote participation. The goals of
the September 2010, FRN and meeting
were to provide additional
opportunities for stakeholders to
comment on the revised draft policy
statement, including the definition and
traits developed at the February 2010,
workshop, and to discuss the
information gathered from the outreach
activities that had occurred since the
February 2010, workshop. Additionally,
a representative from INPO presented
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information on the validation study
INPO conducted as part of INPO’s
efforts to help establish a technical basis
for the identification and definition of
areas important to safety culture. A
member of the Office of Nuclear
Regulatory Research also presented
findings related to the oversight of the
INPO study.
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II. Public Comments
The November 2009, FRN and the
September 2010, FRN generated 76
comments from affected stakeholders
and members of the public. The staff’s
evaluation concluded that many of the
comments were statements of agreement
on the information included in the draft
and revised safety culture policy
statements and did not require further
action. A few of the commenters raised
issues that the staff considered during
the development of the policy
statement, but ultimately concluded that
the issues were either not applicable to
the policy statement, for example, that
‘‘by virtue of its all encompassing
applicability, the policy must be taken
as a strategic utterance;’’ or either
misunderstood or disregarded the
concept of a policy statement in this
application, for example, that a policy
statement is ‘‘largely inadequate for
purposes of establishing broad-reaching
performance standards.’’ The remaining
comments informed the NRC staff’s
development of the final policy
statement. These were grouped into the
following themes:
1. The NRC should adopt the
definition and traits developed during
the February 2010, workshop. This
theme encompassed additional
comments indicating that retaining the
term ‘‘security’’ in the definition and
traits of a positive safety culture may be
confusing to many licensees,
particularly materials licensees.
2. The traits from the February 2010,
workshop should be included in the
Statement of Policy in order to provide
additional clarity as to its intent.
3. More guidance is needed on the
NRC’s expectations as to how the policy
statement will be implemented. This
encompassed the additional theme that
stakeholders would like to be actively
involved in the process of developing
this guidance and that the continued
use of workshops with the various
licensees would be helpful.
4. A discussion should be included in
the policy statement that addresses the
diversity of the regulated community.
Additionally, the Commission should
acknowledge the efforts already
underway as the regulated community
addresses the Statement of Policy.
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5. How does the NRC plan to
‘‘enforce’’ adherence to the policy
statement?
6. Comments on the draft policy
statement were generally supportive of
including vendors and suppliers of
safety-related components in the
Statement of Policy, but reflected
concern about jurisdictional issues, as
well as the impact that including
vendors and suppliers in the Statement
of Policy might have on licensees’
ability to work with these entities.
7. During its evaluation of the public
comments on the draft safety culture
policy statement, the staff felt that a trait
addressing complacency should be
added to the February 2010, workshop
traits. Several months later, the results
of an INPO study indicated that the trait
‘‘Questioning Attitude’’ had strong
support with operating nuclear plant
personnel. This trait resonated with the
staff as an approach for addressing
complacency for all regulated activities.
At the September 2010, public meeting,
as part of a larger presentation providing
the results of the INPO validation study,
the staff added a question about whether
to include this trait. Additionally, the
September 2010, FRN specifically asked
whether complacency should be
addressed in the Statement of Policy.
Although the responses to this question
varied, the staff concluded it should be
considered in a positive safety culture
and included the concept of
complacency in the Statement of Policy
under the trait, ‘‘Questioning Attitude.’’
‘‘Questioning Attitude’’ is described in
the final Statement of Policy as a culture
‘‘in which individuals avoid
complacency and continuously
challenge existing conditions and
activities in order to identify
discrepancies that might result in error
or inappropriate action.’’
This policy statement is being issued
after careful consideration of the staff’s
evaluation of the public comments
received on the November 2009, and
September 2010, FRNs; the public
meetings held in February 2009, and
February, July, and September 2010; the
views expressed by stakeholders during
the Commission briefing in March 2010;
and the informal dialogue with the
various stakeholders during the staff’s
additional outreach efforts from the
February 2010, workshop until the
second public comment period ended
on October 18, 2010.
The following paragraphs provide the
specific information that was used in
the development of the final policy
statement, including the changes that
were made to the November 2009, FRN:
1. The Statement of Policy adopts the
February 2010, workshop definition and
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traits of a positive safety culture. The
term ‘‘security’’ is not included in either
the definition or the traits. The
Commission agrees that an overarching
safety culture addresses both safety and
security and does not need to single out
‘‘security’’ in the definition. However, to
ensure that security is appropriately
encompassed within the Statement of
Policy, a preamble to the traits has been
added and the robust discussion of
security, including the importance of
considering the interface of safety and
security that was included in the draft
Statement of Policy, has been retained
in the Statement of Policy.
2. The Commission agrees that
including the traits in the Statement of
Policy will serve to clarify the intent of
the policy. The draft policy statement
published in the November 2009, FRN
did not include the characteristics (now
described as ‘‘traits’) in the actual
Statement of Policy. The staff developed
the draft characteristics based on a
variety of sources, including the 13
safety culture components used in the
ROP. The characteristics included
significantly more detail than the traits
included in the Statement of Policy. The
staff’s basis for the original decision to
include the characteristics in another
section of the draft policy statement but
not in the actual draft Statement of
Policy was three-fold: first, it would
keep the Statement of Policy brief and
concise; second, it would maintain the
Statement of Policy at a high level; and
third, it would not invalidate the
characteristics’ standing as part of the
draft policy statement to place them in
another section of the draft policy
statement. The November 6, 2009, FRN
that contained the draft policy statement
specifically requested comments on
whether the characteristics should be
included in the Statement of Policy.
Some commenters indicated that they
would prefer not to include the traits in
the actual Statement of Policy or that
they agree with the original decision to
include the traits in their own section of
the policy statement. However, several
commenters indicated that adding the
traits to the Statement of Policy itself
would help to clarify the Commission’s
expectations. Because the traits in
question were developed by the
stakeholders at the February 2010,
workshop to provide a high-level
description of the areas important to a
positive safety culture, the level of
detail that was included in the draft
characteristics is not present in the
traits. Thus, even with inclusion of the
traits, the Statement of Policy remains
brief and concise; in addition, this
approach provides high-level detail that
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was not in the draft Statement of Policy.
Including the traits in the Statement of
Policy rather than as part of the policy
statement visually supports their
standing as part of the Commission’s
expectation that these are areas that
members of the regulated community
should consider as they develop a
positive safety culture. Finally, as the
Statement of Policy points out, the list
of traits was not developed for
inspection purposes nor does it
represent an all-inclusive list of areas
important to a positive safety culture.
3. Implementation is not directly
addressed in this policy statement,
which sets forth the overarching
principles of a positive safety culture.
This discussion is not included because
the Commission is aware of the
diversity of its regulated community
(which includes, for example, industrial
radiography services; hospitals, clinics
and individual practitioners involved in
medical uses of radioactive materials;
research and test reactors; large-scale
fuel fabrication facilities; as well as
operating nuclear power plants and the
construction of new facilities where
operations will involve radioactive
materials with the potential to affect
public health and safety and the
common defense and security) and
recognizes that implementation will be
more complex in some settings than
others. The NRC program offices
responsible for licensing and oversight
of the affected entities intend to work
with their constituents, who bear the
primary responsibility for safely
handling and securing regulated
materials, to address the next steps and
specific implementation issues.
Nevertheless, before implementation
issues are addressed, the regulated
community can begin assessing their
activities to identify areas for
enhancement. For example, industry
representatives could begin to identify
tacit organizational and personal goals
that, at times, may compete with a
safety-first focus and develop strategies
for adjusting those goals. Some
monetary incentive or other rewards
programs could work against making a
safe decision. Current training programs
may not address safety culture and its
traits or how those traits apply to dayto-day work activities. Identification of
both strengths and weaknesses related
to safety culture in the regulated
community will be helpful in
understanding implementation
strategies.
4. The final Statement of Policy
includes a statement that the
Commission recognizes the diversity of
the various organizations that are
included in the Statement of Policy and
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the fact that some organizations have
already spent significant time and
resources in the development of
programs and policies to support a
positive safety culture. The Commission
will take these efforts into consideration
as the regulated community addresses
the Statement of Policy.
5. Because there seemed to be some
questions about the Commission’s use of
a policy statement rather than a
regulation, the staff provided a brief
discussion of the differences in the
September 17, 2010, FRN, pointing out
that policy statements, while not
enforceable, guide the activities of the
NRC staff and express the Commission’s
expectations. The Commission reiterates
the conclusion of the discussion
provided in the September 2010, FRN
that while the option to consider
rulemaking exists, the Commission
believes at this time, that developing a
policy statement is a more effective way
to engage stakeholders.
6. Vendors and suppliers of safetyrelated components have been included
in this Statement of Policy. A few
stakeholders have raised concerns about
how implementation would be carried
out, particularly in cases where vendors
and suppliers are located outside of
NRC jurisdiction. However, the
Commission believes that vendors and
suppliers of safety-related components
should develop and maintain a positive
safety culture in their organizations for
the same reasons that other NRCregulated entities should do so.
7. The final Statement of Policy adds
the trait ‘‘Questioning Attitude’’ to the
traits developed at the February 2010,
workshop as an appropriate vehicle for
addressing complacency.
III. Statement of Policy
The purpose of this Statement of
Policy is to set forth the Commission’s
expectation that individuals and
organizations establish and maintain a
positive safety culture commensurate
with the safety and security significance
of their activities and the nature and
complexity of their organizations and
functions. This includes all licensees,
certificate holders, permit holders,
authorization holders, holders of quality
assurance program approvals, vendors
and suppliers of safety-related
components, and applicants for a
license, certificate, permit,
authorization, or quality assurance
program approval, subject to NRC
authority. The Commission encourages
the Agreement States, Agreement State
licensees and other organizations
interested in nuclear safety to support
the development and maintenance of a
PO 00000
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34777
positive safety culture, as articulated in
this Statement of Policy.
Nuclear Safety Culture is defined as
the core values and behaviors resulting
from a collective commitment by leaders
and individuals to emphasize safety
over competing goals to ensure
protection of people and the
environment. Individuals and
organizations performing regulated
activities bear the primary responsibility
for safety and security. The performance
of individuals and organizations can be
monitored and trended and, therefore,
may be used to determine compliance
with requirements and commitments
and may serve as an indicator of
possible problem areas in an
organization’s safety culture. The NRC
will not monitor or trend values. These
will be the organization’s responsibility
as part of its safety culture program.
Organizations should ensure that
personnel in the safety and security
sectors have an appreciation for the
importance of each, emphasizing the
need for integration and balance to
achieve both safety and security in their
activities. Safety and security activities
are closely intertwined. While many
safety and security activities
complement each other, there may be
instances in which safety and security
interests create competing goals. It is
important that consideration of these
activities be integrated so as not to
diminish or adversely affect either; thus,
mechanisms should be established to
identify and resolve these differences. A
safety culture that accomplishes this
would include all nuclear safety and
security issues associated with NRCregulated activities.
Experience has shown that certain
personal and organizational traits are
present in a positive safety culture. A
trait, in this case, is a pattern of
thinking, feeling, and behaving that
emphasizes safety, particularly in goal
conflict situations, e.g., production,
schedule, and the cost of the effort
versus safety. It should be noted that
although the term ‘‘security’’ is not
expressly included in the following
traits, safety and security are the
primary pillars of the NRC’s regulatory
mission. Consequently, consideration of
both safety and security issues,
commensurate with their significance, is
an underlying principle of this
Statement of Policy.
The following are traits of a positive
safety culture:
(1) Leadership Safety Values and
Actions—Leaders demonstrate a
commitment to safety in their decisions
and behaviors;
(2) Problem Identification and
Resolution—Issues potentially
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impacting safety are promptly
identified, fully evaluated, and
promptly addressed and corrected
commensurate with their significance;
(3) Personal Accountability—All
individuals take personal responsibility
for safety;
(4) Work Processes—The process of
planning and controlling work activities
is implemented so that safety is
maintained;
(5) Continuous Learning—
Opportunities to learn about ways to
ensure safety are sought out and
implemented;
(6) Environment for Raising
Concerns—A safety conscious work
environment is maintained where
personnel feel free to raise safety
concerns without fear of retaliation,
intimidation, harassment, or
discrimination;
(7) Effective Safety Communication—
Communications maintain a focus on
safety;
(8) Respectful Work Environment—
Trust and respect permeate the
organization; and
(9) Questioning Attitude—Individuals
avoid complacency and continuously
challenge existing conditions and
activities in order to identify
discrepancies that might result in error
or inappropriate action.
There may be traits not included in
this Statement of Policy that are also
important in a positive safety culture. It
should be noted that these traits were
not developed to be used for inspection
purposes.
It is the Commission’s expectation
that all individuals and organizations,
performing or overseeing regulated
activities involving nuclear materials,
should take the necessary steps to
promote a positive safety culture by
fostering these traits as they apply to
their organizational environments. The
Commission recognizes the diversity of
these organizations and acknowledges
that some organizations have already
spent significant time and resources in
the development of a positive safety
culture. The Commission will take this
into consideration as the regulated
community addresses the Statement of
Policy.
Dated at Rockville, Maryland, this 8th day
of June 2011.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2011–14656 Filed 6–13–11; 8:45 am]
BILLING CODE 7590–01–P
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NUCLEAR REGULATORY
COMMISSION
Advisory Committee on Reactor
Safeguards (ACRS) Meeting of the
ACRS Subcommittee on Fukushima;
Notice of Meeting
The ACRS Subcommittee on
Fukushima will hold a meeting on June
23, 2011, Room T–2B1, 11545 Rockville
Pike, Rockville, Maryland.
The entire meeting will be open to
public attendance.
The agenda for the subject meeting
shall be as follows:
Thursday, June 23, 2011—1 p.m. until
5 p.m.
The Subcommittee will review recent
events at the Fukushima site in Japan.
The Subcommittee will hear
presentations by and hold discussions
with the NRC staff and other interested
persons regarding this matter. The
Subcommittee will gather information,
analyze relevant issues and facts, and
formulate proposed positions and
actions, as appropriate, for deliberation
by the Full Committee.
Members of the public desiring to
provide oral statements and/or written
comments should notify the Designated
Federal Official (DFO), Mr. Edwin M.
Hackett (Telephone 301–415–7360 or Email: Edwin.Hackett@nrc.gov) five days
prior to the meeting, if possible, so that
appropriate arrangements can be made.
Thirty-five hard copies of each
presentation or handout should be
provided to the DFO thirty minutes
before the meeting. In addition, one
electronic copy of each presentation
should be e-mailed to the DFO one day
before the meeting. If an electronic copy
cannot be provided within this
timeframe, presenters should provide
the DFO with a CD containing each
presentation at least thirty minutes
before the meeting. Electronic
recordings will be permitted only
during those portions of the meeting
that are open to the public. Detailed
procedures for the conduct of and
participation in ACRS meetings were
published in the Federal Register on
October 21, 2010, (75 FR 65038–65039).
Detailed meeting agendas and meeting
transcripts are available on the NRC
Web site at https://www.nrc.gov/readingrm/doc-collections/acrs. Information
regarding topics to be discussed,
changes to the agenda, whether the
meeting has been canceled or
rescheduled, and the time allotted to
present oral statements can be obtained
from the Web site cited above or by
contacting the identified DFO.
Moreover, in view of the possibility that
PO 00000
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the schedule for ACRS meetings may be
adjusted by the Chairman as necessary
to facilitate the conduct of the meeting,
persons planning to attend should check
with these references if such
rescheduling would result in a major
inconvenience.
If attending this meeting, please
contact Ms. Jessie Delgado (Telephone
301–415–7360) to be escorted to the
meeting room.
Dated: June 6, 2011.
Yoira Diaz-Sanabria,
Acting Chief, Reactor Safety Branch A,
Advisory Committee on Reactor Safeguards.
[FR Doc. 2011–14655 Filed 6–13–11; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Advisory Committee on Reactor
Safeguards (ACRS), Meeting of the
ACRS Subcommittee on Materials,
Metallurgy & Reactor Fuels; Notice of
Meeting
The ACRS Subcommittee on
Materials, Metallurgy & Reactor Fuels
will hold a meeting on June 23, 2011,
Room T–2B3, 11545 Rockville Pike,
Rockville, Maryland.
The entire meeting will be open to
public attendance.
The agenda for the subject meeting
shall be as follows:
Thursday, June 23, 2011–8:30 a.m.
until 12 p.m.
The Subcommittee will review the
expanded technical basis for 50.46(c)
and the research results of the
mechanical behavior of ballooned and
ruptured cladding. A draft document
entitled, ‘‘Mechanical Behavior of
Ballooned and Ruptured Cladding,’’ has
been made publicly available to provide
awareness to the public regarding the
staff’s position, so they can effectively
participate in the ACRS meeting. The
NRC is not soliciting comments at this
time. This draft document may be
incomplete or in error in one or more
respects and may be subject to further
revision during the review process. The
Adams accession number is
ML111370032. The Subcommittee will
hear presentations by and hold
discussions with the NRC staff and
other interested persons regarding this
matter. The Subcommittee will gather
information, analyze relevant issues and
facts, and formulate proposed positions
and actions, as appropriate, for
deliberation by the Full Committee.
Members of the public desiring to
provide oral statements and/or written
comments should notify the Designated
Federal Official (DFO), Christopher
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Agencies
[Federal Register Volume 76, Number 114 (Tuesday, June 14, 2011)]
[Notices]
[Pages 34773-34778]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14656]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2010-0282]
Final Safety Culture Policy Statement
AGENCY: Nuclear Regulatory Commission.
ACTION: Issuance of final safety culture policy statement.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission)
is issuing this Statement of Policy to set forth its expectation that
individuals and organizations performing or overseeing regulated
activities establish and maintain a positive safety culture
commensurate with the safety and security significance of their
activities and the nature and complexity of their organizations and
functions. The Commission defines Nuclear Safety Culture as the core
values and behaviors resulting from a collective commitment by leaders
and individuals to emphasize safety over competing goals to ensure
protection of people and the environment. This policy statement applies
to all licensees, certificate holders, permit holders, authorization
holders, holders of quality assurance program approvals, vendors and
suppliers of safety-related components, and applicants for a license,
certificate, permit, authorization, or quality assurance program
approval, subject to NRC authority.
DATES: This policy statement becomes effective upon publication in the
Federal Register.
ADDRESSES: You can access publicly available documents related to this
document using the following methods:
NRC's Public Document Room (PDR): The public may examine
and have copied, for a fee, publicly available documents at the NRC's
PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852.
NRC's Agencywide Documents Access and Management System
(ADAMS): Publicly available documents created or received at the NRC
are
[[Page 34774]]
available online in the NRC Library at https://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain entry into ADAMS, which
provides text and image files of the NRC's public documents. If you do
not have access to ADAMS or if there are problems in accessing the
documents located in ADAMS, contact the NRC's PDR reference staff at 1-
800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov.
Federal rulemaking Web site: Public comments and
supporting materials related to this document can be found at https://www.regulations.gov by searching on Docket ID NRC-2010-0282. Address
questions about NRC dockets to Carol Gallagher, telephone: 301-492-
3668; e-mail: Carol.Gallagher@nrc.gov.
FOR FURTHER INFORMATION CONTACT: Roy P. Zimmerman, Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-2741; e-mail: Roy.Zimmerman@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
A. Previous Policy Statements and Events Involving Safety Culture
The NRC has long recognized the importance of a safety-first focus
in nuclear work environments for public health and safety. The
Commission's emphasis on a safety-first focus is reflected in two
previously published NRC policy statements. The 1989, ``Policy
Statement on the Conduct of Nuclear Power Plant Operations'' (54 FR
3424; January 24, 1989), applies to all individuals engaged in
activities that affect the safety of nuclear power plants, and provides
the Commission's expectations of utility management and licensed
operators with respect to the conduct of operations. The 1996,
``Freedom of Employees in the Nuclear Industry to Raise Safety Concerns
Without Fear of Retaliation'' (61 FR 24336; May 14, 1996), applies to
the regulated activities of all NRC licensees and their contractors and
subcontractors, and provides the Commission's expectations that
licensees and other employers subject to NRC authority establish and
maintain safety-conscious work environments in which employees feel
free to raise safety concerns, both to their management and to the NRC,
without fear of retaliation. This Safety Culture Statement of Policy,
in conjunction with the previous policy statements, is intended to
emphasize the importance the NRC places on the development and
maintenance of a positive safety culture for all regulated activities.
The accident at the Chernobyl nuclear power plant in 1986, brought
attention to the importance of safety culture and the impact that
weaknesses in safety culture can have on safety performance. Since
then, the importance of a positive safety culture has been demonstrated
by a number of significant, high-visibility events worldwide. In the
United States, incidents involving the civilian uses of radioactive
materials have not been confined to a particular type of licensee or
certificate holder, as they have occurred at nuclear power plants and
fuel cycle facilities and during medical and industrial activities
involving regulated materials. Assessments of these incidents revealed
that weaknesses in the regulated entities' safety cultures were an
underlying cause of the incidents or increased the severity of the
incidents. The causes of these incidents included, for example,
inadequate management oversight of process changes, perceived
production pressures, lack of a questioning attitude, and poor
communications. One such incident indicated the need for additional NRC
efforts to evaluate whether the agency should increase its attention to
reactor licensees' safety cultures. This resulted in important changes
to the NRC's Reactor Oversight Process (ROP). Commission paper SECY-06-
0122, dated May 24, 2006, (ADAMS Accession No. ML061320282) describes
the NRC's safety culture activities at that time and the outcomes of
those activities.
Following the terrorist attacks of September 11, 2001, the
Commission issued orders enhancing security at facilities whose
operations, if attacked, could have an impact on public health and
safety. During the early years of implementation of these security
enhancements, several violations of the Commission's security
requirements were identified in which the licensee's failure to
cultivate a positive safety culture impacted the effectiveness of the
licensee's security program. The most visible of these involved
security officers sleeping in a ``ready room'' while on shift at a
nuclear power plant. Most of the weaknesses involved inadequate
management oversight of security, lack of a questioning attitude within
the security organization, complacency, barriers to raising concerns
about security issues, and inadequate training of security personnel.
B. Commission Direction
In February 2008, the Commission issued Staff Requirements
Memorandum (SRM), SRM-COMGBJ-08-0001 (ADAMS Accession No. ML080560476),
directing the NRC staff to expand the Commission's policy on safety
culture to address the unique aspects of security and to ensure the
resulting policy is applicable to all licensees and certificate
holders. The Commission directed the staff to answer several additional
questions, including: (1) Whether safety culture as applied to reactors
needed to be strengthened; (2) how to increase attention to safety
culture in the materials area; (3) how stakeholder involvement can most
effectively be used to address safety culture for all NRC and Agreement
State licensees and certificate holders, including any unique aspects
of security; and (4) whether publishing the NRC's expectations for
safety culture and for security culture would be best accomplished in
one safety/security culture statement or in two separate statements
while still considering the safety and security interfaces.
In response to Commission direction, the NRC staff reviewed
domestic and international safety-culture-related documents and
considered NRC lessons learned. Additionally, the staff sought insights
and feedback from external stakeholders. This was accomplished by
providing information in a variety of forums, such as stakeholder
organization meetings, newsletters, and teleconferences, and by
publishing questions developed to address Commission direction in the
February 9, 2009, Federal Register notice (FRN) (74 FR 6433) entitled
``Safety Culture Policy Statement Development: Public Meeting and
Request for Public Comments'' (ADAMS Accession No. ML090260709).
In February 2009, the NRC held a public workshop on the
``Development of a Policy Statement on Safety Culture and Security
Culture'' in which a broad range of stakeholders participated,
including representatives from the Agreement States (Meeting Summary:
ADAMS Accession No. ML090930572). The staff developed draft
characteristics (subsequently referred to as ``traits'') of a positive
safety culture and presented them at the workshop. Mindful of the
increased attention to the important role of security, the staff also
sought input from the workshop participants on whether there should be
a single safety culture policy statement or two policy statements
addressing safety and security independently while considering the
interface of both. Before providing its recommendations to the
Commission, the staff developed a draft definition of safety culture in
which it modified a definition from the International Atomic Energy
Agency's
[[Page 34775]]
advisory group, the International Nuclear Safety Group, to make it
applicable to all NRC-regulated activities and to address security.
Based on its review and stakeholder feedback, in SECY-09-0075,
``Safety Culture Policy Statement,'' dated May 16, 2009 (ADAMS
Accession No. ML091130068), the NRC staff provided a single draft
safety culture policy statement for Commission approval. The draft
policy statement acknowledged the importance of safety and security,
and the interface of both, within an overarching culture of safety.
Additionally, in response to the Commission's questions, the staff: (1)
Concluded that the NRC's oversight of safety culture as applied to
reactors has been strengthened, is effective, and continues to be
refined in accordance with the existing ROP self-assessment process;
(2) described actions taken and planned for increasing attention to
safety culture in the materials area; and (3) described actions taken
and planned for most effectively obtaining stakeholder involvement to
address safety culture, including any unique aspects of security, for
all NRC and Agreement State licensees and certificate holders.
In SRM-SECY-09-0075 (ADAMS Accession No. ML092920099), the
Commission directed the staff to: (1) Publish the draft safety culture
policy statement for no fewer than 90 days; (2) continue to engage a
broad range of stakeholders, including the Agreement States and other
organizations with an interest in nuclear safety, to ensure the final
policy statement presented to the Commission reflects a broad spectrum
of views and provides the necessary foundation for safety culture
applicable to the entire nuclear industry; (3) make the necessary
adjustments to encompass security within the statement; (4) seek
opportunities to comport NRC terminology, where possible, with that of
existing standards and references maintained by those that the NRC
regulates; and (5) consider incorporating suppliers and vendors of
safety-related components in the safety culture policy statement.
C. Development of the Final Policy Statement
On February 2-4, 2010, the NRC held a second safety culture
workshop to provide a venue for interested parties to comment on the
draft safety culture policy statement. The additional goal of the
workshop was for panelists representing a broad range of stakeholders
to reach alignment, using common terminology, on a definition of safety
culture and a high-level set of traits that describe areas important to
a positive safety culture. The workshop panelists represented a wide
range of stakeholders regulated by the NRC and/or the Agreement States,
including medical, industrial, and fuel cycle materials users, and
nuclear power reactor licensees, as well as the Nuclear Energy
Institute, the Institute of Nuclear Power Operations (INPO), and
members of the public. The workshop panelists reached alignment with
input from the other meeting attendees on a definition of safety
culture and a high-level set of traits describing areas important to a
positive safety culture.
Following the February 2010, workshop, the NRC staff evaluated the
public comments that were submitted in response to the November 6,
2009, FRN (74 FR 57525). Additionally, the staff participated on panels
and made presentations at various industry forums in order to provide
information to stakeholders about the development of the safety culture
policy statement and/or to obtain additional input and to ascertain
whether the definition and traits developed at the workshop accurately
reflect a broad range of stakeholders' views. These outreach activities
included, for example, participation in a Special Joint Session on
Safety Culture at the Health Physics Society Annual Meeting, and
presentations on the development of the safety culture policy statement
at the Annual Fuel Cycle Information Exchange, the Conference of
Radiation Control Program Directors' Annual National Conference on
Radiation Control, the Institute of Nuclear Materials Management's
Annual Meeting, the Second NRC Workshop on Vendor Oversight for New
Reactors, and the Organization of Agreement States Annual Meeting. In
response to Commission direction in SRM-SECY-09-00075, the staff
focused attention on attending meetings involving the Organization of
Agreement States and other materials licensees.
In July 2010, the NRC held a public teleconference with the
panelists who participated in the February 2010, workshop to discuss
the status of outreach activities associated with the development of
the policy statement. At the July 2010, meeting, the panelists
reiterated their support for the definition and traits developed at the
February 2010, workshop as a result of their outreach with their
industry colleagues. This position aligns with the comments the staff
received during the various outreach activities. In September 2010, the
staff held an additional teleconference to provide information on the
initial results of a validation study conducted by INPO, which was
conducted, in part, to see whether and to what extent the factors that
came out of INPO's safety culture survey support the February 2010,
workshop traits. The factors support the traits developed at the
workshop.
Based on its review and stakeholder feedback, the staff published
the revised draft safety culture policy statement (ADAMS Accession No.
ML102500563) on September 17, 2010 (75 FR 57081), for a 30-day public
comment period. Because public comments reflected some misunderstanding
regarding the Commission's use of a policy statement rather than a
regulation or rule, the September 2010, FRN provided clarification,
pointing out that the Commission may use a policy statement to address
matters relating to activities that are within NRC jurisdiction and are
of particular interest and importance to the Commission. Policy
statements help to guide the activities of the NRC staff and can
express the Commission's expectations of others; however, they are not
regulations or rules and are not accorded the status of a regulation or
rule within the meaning of the Administrative Procedure Act. The
Agreement States, which are responsible for overseeing their materials
licensees, cannot be required to implement the elements of a policy
statement because such statements, unlike NRC regulations, are not a
matter of compatibility. Additionally, policy statements cannot be
considered binding upon, or enforceable against, NRC or Agreement State
licensees and certificate holders.
This Statement of Policy has been developed to engage individuals
and organizations performing regulated activities involving nuclear
materials and share the Commission's expectations regarding the
development and maintenance of a positive safety culture.
The NRC held a public meeting in September 2010, in the Las Vegas
Hearing Facility, Las Vegas, Nevada, which was simultaneously broadcast
in the Commission Hearing Room, Rockville, Maryland, and over the
internet via Web streaming in order to allow remote participation. The
goals of the September 2010, FRN and meeting were to provide additional
opportunities for stakeholders to comment on the revised draft policy
statement, including the definition and traits developed at the
February 2010, workshop, and to discuss the information gathered from
the outreach activities that had occurred since the February 2010,
workshop. Additionally, a representative from INPO presented
[[Page 34776]]
information on the validation study INPO conducted as part of INPO's
efforts to help establish a technical basis for the identification and
definition of areas important to safety culture. A member of the Office
of Nuclear Regulatory Research also presented findings related to the
oversight of the INPO study.
II. Public Comments
The November 2009, FRN and the September 2010, FRN generated 76
comments from affected stakeholders and members of the public. The
staff's evaluation concluded that many of the comments were statements
of agreement on the information included in the draft and revised
safety culture policy statements and did not require further action. A
few of the commenters raised issues that the staff considered during
the development of the policy statement, but ultimately concluded that
the issues were either not applicable to the policy statement, for
example, that ``by virtue of its all encompassing applicability, the
policy must be taken as a strategic utterance;'' or either
misunderstood or disregarded the concept of a policy statement in this
application, for example, that a policy statement is ``largely
inadequate for purposes of establishing broad-reaching performance
standards.'' The remaining comments informed the NRC staff's
development of the final policy statement. These were grouped into the
following themes:
1. The NRC should adopt the definition and traits developed during
the February 2010, workshop. This theme encompassed additional comments
indicating that retaining the term ``security'' in the definition and
traits of a positive safety culture may be confusing to many licensees,
particularly materials licensees.
2. The traits from the February 2010, workshop should be included
in the Statement of Policy in order to provide additional clarity as to
its intent.
3. More guidance is needed on the NRC's expectations as to how the
policy statement will be implemented. This encompassed the additional
theme that stakeholders would like to be actively involved in the
process of developing this guidance and that the continued use of
workshops with the various licensees would be helpful.
4. A discussion should be included in the policy statement that
addresses the diversity of the regulated community. Additionally, the
Commission should acknowledge the efforts already underway as the
regulated community addresses the Statement of Policy.
5. How does the NRC plan to ``enforce'' adherence to the policy
statement?
6. Comments on the draft policy statement were generally supportive
of including vendors and suppliers of safety-related components in the
Statement of Policy, but reflected concern about jurisdictional issues,
as well as the impact that including vendors and suppliers in the
Statement of Policy might have on licensees' ability to work with these
entities.
7. During its evaluation of the public comments on the draft safety
culture policy statement, the staff felt that a trait addressing
complacency should be added to the February 2010, workshop traits.
Several months later, the results of an INPO study indicated that the
trait ``Questioning Attitude'' had strong support with operating
nuclear plant personnel. This trait resonated with the staff as an
approach for addressing complacency for all regulated activities. At
the September 2010, public meeting, as part of a larger presentation
providing the results of the INPO validation study, the staff added a
question about whether to include this trait. Additionally, the
September 2010, FRN specifically asked whether complacency should be
addressed in the Statement of Policy. Although the responses to this
question varied, the staff concluded it should be considered in a
positive safety culture and included the concept of complacency in the
Statement of Policy under the trait, ``Questioning Attitude.''
``Questioning Attitude'' is described in the final Statement of Policy
as a culture ``in which individuals avoid complacency and continuously
challenge existing conditions and activities in order to identify
discrepancies that might result in error or inappropriate action.''
This policy statement is being issued after careful consideration
of the staff's evaluation of the public comments received on the
November 2009, and September 2010, FRNs; the public meetings held in
February 2009, and February, July, and September 2010; the views
expressed by stakeholders during the Commission briefing in March 2010;
and the informal dialogue with the various stakeholders during the
staff's additional outreach efforts from the February 2010, workshop
until the second public comment period ended on October 18, 2010.
The following paragraphs provide the specific information that was
used in the development of the final policy statement, including the
changes that were made to the November 2009, FRN:
1. The Statement of Policy adopts the February 2010, workshop
definition and traits of a positive safety culture. The term
``security'' is not included in either the definition or the traits.
The Commission agrees that an overarching safety culture addresses both
safety and security and does not need to single out ``security'' in the
definition. However, to ensure that security is appropriately
encompassed within the Statement of Policy, a preamble to the traits
has been added and the robust discussion of security, including the
importance of considering the interface of safety and security that was
included in the draft Statement of Policy, has been retained in the
Statement of Policy.
2. The Commission agrees that including the traits in the Statement
of Policy will serve to clarify the intent of the policy. The draft
policy statement published in the November 2009, FRN did not include
the characteristics (now described as ``traits') in the actual
Statement of Policy. The staff developed the draft characteristics
based on a variety of sources, including the 13 safety culture
components used in the ROP. The characteristics included significantly
more detail than the traits included in the Statement of Policy. The
staff's basis for the original decision to include the characteristics
in another section of the draft policy statement but not in the actual
draft Statement of Policy was three-fold: first, it would keep the
Statement of Policy brief and concise; second, it would maintain the
Statement of Policy at a high level; and third, it would not invalidate
the characteristics' standing as part of the draft policy statement to
place them in another section of the draft policy statement. The
November 6, 2009, FRN that contained the draft policy statement
specifically requested comments on whether the characteristics should
be included in the Statement of Policy. Some commenters indicated that
they would prefer not to include the traits in the actual Statement of
Policy or that they agree with the original decision to include the
traits in their own section of the policy statement. However, several
commenters indicated that adding the traits to the Statement of Policy
itself would help to clarify the Commission's expectations. Because the
traits in question were developed by the stakeholders at the February
2010, workshop to provide a high-level description of the areas
important to a positive safety culture, the level of detail that was
included in the draft characteristics is not present in the traits.
Thus, even with inclusion of the traits, the Statement of Policy
remains brief and concise; in addition, this approach provides high-
level detail that
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was not in the draft Statement of Policy. Including the traits in the
Statement of Policy rather than as part of the policy statement
visually supports their standing as part of the Commission's
expectation that these are areas that members of the regulated
community should consider as they develop a positive safety culture.
Finally, as the Statement of Policy points out, the list of traits was
not developed for inspection purposes nor does it represent an all-
inclusive list of areas important to a positive safety culture.
3. Implementation is not directly addressed in this policy
statement, which sets forth the overarching principles of a positive
safety culture. This discussion is not included because the Commission
is aware of the diversity of its regulated community (which includes,
for example, industrial radiography services; hospitals, clinics and
individual practitioners involved in medical uses of radioactive
materials; research and test reactors; large-scale fuel fabrication
facilities; as well as operating nuclear power plants and the
construction of new facilities where operations will involve
radioactive materials with the potential to affect public health and
safety and the common defense and security) and recognizes that
implementation will be more complex in some settings than others. The
NRC program offices responsible for licensing and oversight of the
affected entities intend to work with their constituents, who bear the
primary responsibility for safely handling and securing regulated
materials, to address the next steps and specific implementation
issues. Nevertheless, before implementation issues are addressed, the
regulated community can begin assessing their activities to identify
areas for enhancement. For example, industry representatives could
begin to identify tacit organizational and personal goals that, at
times, may compete with a safety-first focus and develop strategies for
adjusting those goals. Some monetary incentive or other rewards
programs could work against making a safe decision. Current training
programs may not address safety culture and its traits or how those
traits apply to day-to-day work activities. Identification of both
strengths and weaknesses related to safety culture in the regulated
community will be helpful in understanding implementation strategies.
4. The final Statement of Policy includes a statement that the
Commission recognizes the diversity of the various organizations that
are included in the Statement of Policy and the fact that some
organizations have already spent significant time and resources in the
development of programs and policies to support a positive safety
culture. The Commission will take these efforts into consideration as
the regulated community addresses the Statement of Policy.
5. Because there seemed to be some questions about the Commission's
use of a policy statement rather than a regulation, the staff provided
a brief discussion of the differences in the September 17, 2010, FRN,
pointing out that policy statements, while not enforceable, guide the
activities of the NRC staff and express the Commission's expectations.
The Commission reiterates the conclusion of the discussion provided in
the September 2010, FRN that while the option to consider rulemaking
exists, the Commission believes at this time, that developing a policy
statement is a more effective way to engage stakeholders.
6. Vendors and suppliers of safety-related components have been
included in this Statement of Policy. A few stakeholders have raised
concerns about how implementation would be carried out, particularly in
cases where vendors and suppliers are located outside of NRC
jurisdiction. However, the Commission believes that vendors and
suppliers of safety-related components should develop and maintain a
positive safety culture in their organizations for the same reasons
that other NRC-regulated entities should do so.
7. The final Statement of Policy adds the trait ``Questioning
Attitude'' to the traits developed at the February 2010, workshop as an
appropriate vehicle for addressing complacency.
III. Statement of Policy
The purpose of this Statement of Policy is to set forth the
Commission's expectation that individuals and organizations establish
and maintain a positive safety culture commensurate with the safety and
security significance of their activities and the nature and complexity
of their organizations and functions. This includes all licensees,
certificate holders, permit holders, authorization holders, holders of
quality assurance program approvals, vendors and suppliers of safety-
related components, and applicants for a license, certificate, permit,
authorization, or quality assurance program approval, subject to NRC
authority. The Commission encourages the Agreement States, Agreement
State licensees and other organizations interested in nuclear safety to
support the development and maintenance of a positive safety culture,
as articulated in this Statement of Policy.
Nuclear Safety Culture is defined as the core values and behaviors
resulting from a collective commitment by leaders and individuals to
emphasize safety over competing goals to ensure protection of people
and the environment. Individuals and organizations performing regulated
activities bear the primary responsibility for safety and security. The
performance of individuals and organizations can be monitored and
trended and, therefore, may be used to determine compliance with
requirements and commitments and may serve as an indicator of possible
problem areas in an organization's safety culture. The NRC will not
monitor or trend values. These will be the organization's
responsibility as part of its safety culture program.
Organizations should ensure that personnel in the safety and
security sectors have an appreciation for the importance of each,
emphasizing the need for integration and balance to achieve both safety
and security in their activities. Safety and security activities are
closely intertwined. While many safety and security activities
complement each other, there may be instances in which safety and
security interests create competing goals. It is important that
consideration of these activities be integrated so as not to diminish
or adversely affect either; thus, mechanisms should be established to
identify and resolve these differences. A safety culture that
accomplishes this would include all nuclear safety and security issues
associated with NRC-regulated activities.
Experience has shown that certain personal and organizational
traits are present in a positive safety culture. A trait, in this case,
is a pattern of thinking, feeling, and behaving that emphasizes safety,
particularly in goal conflict situations, e.g., production, schedule,
and the cost of the effort versus safety. It should be noted that
although the term ``security'' is not expressly included in the
following traits, safety and security are the primary pillars of the
NRC's regulatory mission. Consequently, consideration of both safety
and security issues, commensurate with their significance, is an
underlying principle of this Statement of Policy.
The following are traits of a positive safety culture:
(1) Leadership Safety Values and Actions--Leaders demonstrate a
commitment to safety in their decisions and behaviors;
(2) Problem Identification and Resolution--Issues potentially
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impacting safety are promptly identified, fully evaluated, and promptly
addressed and corrected commensurate with their significance;
(3) Personal Accountability--All individuals take personal
responsibility for safety;
(4) Work Processes--The process of planning and controlling work
activities is implemented so that safety is maintained;
(5) Continuous Learning--Opportunities to learn about ways to
ensure safety are sought out and implemented;
(6) Environment for Raising Concerns--A safety conscious work
environment is maintained where personnel feel free to raise safety
concerns without fear of retaliation, intimidation, harassment, or
discrimination;
(7) Effective Safety Communication--Communications maintain a focus
on safety;
(8) Respectful Work Environment--Trust and respect permeate the
organization; and
(9) Questioning Attitude--Individuals avoid complacency and
continuously challenge existing conditions and activities in order to
identify discrepancies that might result in error or inappropriate
action.
There may be traits not included in this Statement of Policy that
are also important in a positive safety culture. It should be noted
that these traits were not developed to be used for inspection
purposes.
It is the Commission's expectation that all individuals and
organizations, performing or overseeing regulated activities involving
nuclear materials, should take the necessary steps to promote a
positive safety culture by fostering these traits as they apply to
their organizational environments. The Commission recognizes the
diversity of these organizations and acknowledges that some
organizations have already spent significant time and resources in the
development of a positive safety culture. The Commission will take this
into consideration as the regulated community addresses the Statement
of Policy.
Dated at Rockville, Maryland, this 8th day of June 2011.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2011-14656 Filed 6-13-11; 8:45 am]
BILLING CODE 7590-01-P